Hamas Launches Legal Challenge to Lift ‘Terrorist’ Label in UK
Lawyers argue the UK terror designation violates fundamental freedoms and hampers humanitarian aid to Gaza.
The Palestinian group Hamas has appointed British lawyers to challenge the UK government's 2021 decision to designate the movement as a terrorist organization.
According to MEE report on Wednesday (09 April), legal documents reviewed by the outlet show that Mousa Abu Marzouk, the head of Hamas' foreign relations office, instructed lawyers to appeal a controversial decision by former UK Home Secretary Priti Patel to proscribe the group in its entirety.
Previously, only Hamas’ military wing, the Al-Qassam Brigades, had been banned in the UK for over two decades. However, Patel extended the ban to include the entire organization, arguing that there was no longer a distinction between its political and military wings.
Lawsuit Filed Without Funding From Hamas
Fahad Ansari, the director of Riverway Law, which is leading the challenge; Daniel Grutters, a barrister at One Pump Court Chambers and Franck Magennis, a barrister at Garden Court Chambers, submitted a 106-page application to Home Secretary Yvette Cooper on Wednesday which claimed the 2021 decision "pursued explicitly political objectives by a politically compromised Secretary of State".
The lawyers involved in the case stressed that Hamas did not pay them or the experts and lawyers who provided evidence for its submission, as it is illegal to receive funds from a group designated as a terrorist organisation.
Hamas: Ban Hinders Political Resolution and Harms Gaza Civilians
In Wednesday's legal submission, Hamas said the proscription hindered the group's ability to broker a political solution to the conflict, stifled conversations in securing a long-term political settlement and criminalised ordinary Palestinians residing in Gaza.
The group cited historical examples such as the African National Congress (ANC) in South Africa and the Irish Republican Army (IRA) in Northern Ireland, asserting that such bans hinder the prospects for peace.
Hamas also claimed that the proscription infringes on fundamental rights and has a disproportionate impact on freedom of speech, assembly, and political expression—creating a chilling effect in academia, journalism, and public discourse surrounding Israeli actions in Palestine.
Legal Implications and Impact on Humanitarian Aid
Under the UK Terrorism Act, designating a group as a terrorist organization automatically criminalizes a range of actions, including membership, displaying symbols, expressing support, or organizing events in favor of the group.
"Hamas does not deny that its actions fall within the wide definition of 'terrorism' under the Terrorism Act 2000. Instead, it notes that the definition also covers all groups and organisations around the world that use violence to achieve political objectives, including the Israeli armed forces, the Ukrainian Army and, indeed, the British armed forces," Hamas said in its legal submission.
"Of course, not all such groups are proscribed as ultimately that is a question of discretion for the Secretary of State... Transition to a political process is hindered by the terrorism label, as talking with terrorists is a taboo," it added.
Hamas also highlighted how the designation obstructs the delivery of humanitarian aid to Gaza, as any form of assistance could be labeled “supporting terrorism” if linked to a proscribed organization.
Daniel Grutters, one of the lawyers involved, stated: “Regardless of your view on Hamas, a policy that suppresses open discussion is unhelpful and poses a serious obstacle to achieving a long-term political settlement.”
The UK government now has 90 days to respond to the application. If rejected, Hamas has the right to appeal the decision before the Proscribed Organisations Appeal Commission, where it may challenge the ruling through judicial review procedures.
Source: Middle East Eye (MEE)